Judge hears all sides of Jacob Wetterling records debate

One year after the remains of Jacob Wetterling were discovered, we reflect on the 27-year search and look ahead with the family.
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Patty and Jerry Wetterling spoke for the first time Tuesday, Oct. 11, after Danny Heinrich pleaded guilty to killing their son 27 years ago. The Wetterlings met with media at St. Mark's Episcopal Cathedral in Minneapolis.(Photo11: Jason Wachter, jwachter@stcloudtimes.com)Buy Photo

ALEXANDRIA – Privacy and property rights were at the heart of a hearing held Friday regarding public disclosure of documents in the investigation of Jacob Wetterling’s disappearance.

Patty and Jerry Wetterling seek to prevent public disclosure of these documents, which hold private information regarding their marriage and family. The U.S. government is intervening in the case, calling for Stearns County to return documents loaned to it by the FBI.

Media and watchdog groups, represented by attorney Mark Anfinson, also are involved in the case, arguing for public disclosure of the documents, including files originating with the FBI.

On Friday, Judge Ann L. Carrott heard presentations from all sides regarding the case. The judge has 90 days to rule on the motions.

This claim, according to Anfinson, is a major expansion to those rights and will affect the Minnesota Government Data Practice Act, which has been developed for over 40 years.

Anfinson believes granting this exception under the act will allow for other people to try to prevent public disclosure of documents they just don’t want published. He also said it will affect government transparency.

Steven Wolter, an attorney representing the Wetterlings, said granting the Wetterlings’ motion will not affect the framework of the data practices act.

The information the Wetterlings seek to redact is a “tiny sliver” of the investigative files. The information in those files has “absolutely nothing to do with government accountability,” said Wolter.

“What really needs to be considered,” said Wolter, “is the reasonable expectation of privacy.”

After listening to arguments related to privacy concerns, the judge heard from U.S. Attorney Ana Voss about the FBI motion to return documents originating with the FBI.

Voss claimed that property interests precede all public access arguments in this case. “This is a case where our right is based on a federal statute,” said Voss.

She also had issue with the media intervening, who claimed they will not be able to access the documents through FOIA if returned to the FBI. But that is the law, Voss said, and “it is not an injury to have to comply with federal law.”

Stearns County did not take sides in the lawsuit, said Stearns County Attorney Janelle Kendall, because the state and federal laws are conflicting.

The Douglas County Courthouse in Alexandria.(Photo11: Phoito by Clairissa Baker)

“We cannot possibly follow both,” said Kendall. “We will do whatever the judge tells us to do, and that is why we’re not taking a position.”

The Wetterlings, present at the hearing, said it took a long time to get to this point.

“We are relieved it’s over,” said Patty. “I just think there’s brilliant minds to get maximum transparency and protection for victims.”

Depending on the outcome, said Kendall, there may be another hearing where the Wetterlings and FBI testify.